Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 2257 contracts
Samples: Securities Purchase Agreement (BriaCell Therapeutics Corp.), Securities Purchase Agreement (Wisa Technologies, Inc.), Securities Purchase Agreement (Edible Garden AG Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 1404 contracts
Samples: Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.), Securities Purchase Agreement (Banzai International, Inc.), Securities Purchase Agreement (Virpax Pharmaceuticals, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 664 contracts
Samples: Common Stock and Warrant Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement (Oncolix, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 450 contracts
Samples: Securities Purchase Agreement (Parkervision Inc), Securities Purchase Agreement (Parkervision Inc), Securities Purchase Agreement (MGT Capital Investments, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 205 contracts
Samples: Subscription Agreement (Moxian, Inc.), Note Purchase Agreement (Energy Focus, Inc/De), Note Purchase Agreement (Jones Soda Co)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 184 contracts
Samples: Securities Purchase Agreement (Artificial Intelligence Technology Solutions Inc.), Securities Purchase Agreement (ATIF Holdings LTD), Securities Purchase Agreement (ATIF Holdings LTD)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 163 contracts
Samples: Securities Purchase Agreement (Cidara Therapeutics, Inc.), Securities Purchase Agreement (Unicycive Therapeutics, Inc.), Securities Purchase Agreement (Biofrontera Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 108 contracts
Samples: Securities Purchase Agreement (SuperCom LTD), Securities Purchase Agreement (Safety Shot, Inc.), Securities Purchase Agreement (Opgen Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 92 contracts
Samples: Securities Purchase Agreement (Alzamend Neuro, Inc.), Securities Purchase Agreement (MingZhu Logistics Holdings LTD), Securities Purchase Agreement (RiskOn International, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 57 contracts
Samples: Common Stock Purchase Agreement (Odyssey Group International, Inc.), Securities Purchase Agreement (Progreen US, Inc.), Securities Purchase Agreement (Gopher Protocol Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 55 contracts
Samples: Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.), Securities Purchase Agreement (Kindly MD, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 55 contracts
Samples: Securities Purchase Agreement (Belite Bio, Inc), Securities Purchase Agreement (Trio Petroleum Corp.), Securities Purchase Agreement (AtlasClear Holdings, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 52 contracts
Samples: Preferred Stock Purchase Agreement (Cord Blood America, Inc.), Stock Purchase Agreement (INSMED Inc), Securities Purchase Agreement (CannLabs, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to seek specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 41 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Pacific Ethanol, Inc.), Security Agreement (Pacific Ethanol, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 40 contracts
Samples: Securities Purchase Agreement (GRANDPARENTS.COM, Inc.), Securities Purchase Agreement (GRANDPARENTS.COM, Inc.), Securities Purchase Agreement (GRANDPARENTS.COM, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 39 contracts
Samples: Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (White River Energy Corp.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Shareholders, Parent and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties Parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 35 contracts
Samples: Share Exchange Agreement (Motomova Inc), Securities Exchange Agreement (22nd Century Group, Inc.), Securities Exchange Agreement (Exactus, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers each Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 32 contracts
Samples: Securities Purchase Agreement (Oxford Media, Inc.), Securities Purchase Agreement (World Health Alternatives Inc), Securities Purchase Agreement (Medistem Laboratories, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Buyer and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 31 contracts
Samples: Securities Purchase Agreement (Perfect Moment Ltd.), Securities Purchase Agreement (Perfect Moment Ltd.), Securities Purchase Agreement (Perfect Moment Ltd.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to seek specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 29 contracts
Samples: Securities Purchase Agreement (1847 Holdings LLC), Securities Purchase Agreement (Inspire Veterinary Partners, Inc.), Securities Purchase Agreement (Paid Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to seek specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 26 contracts
Samples: Securities Purchase Agreement (Sangamo Therapeutics, Inc), Securities Purchase Agreement (Greenbrook TMS Inc.), Securities Purchase Agreement (Adverum Biotechnologies, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 26 contracts
Samples: Securities Purchase Agreement (Cannabics Pharmaceuticals Inc.), Stock Purchase Agreement (Premier Biomedical Inc), Purchase Agreement (Ascent Solar Technologies, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 25 contracts
Samples: Securities Purchase Agreement (MDNA Life Sciences, Inc.), Securities Purchase Agreement (MDNA Life Sciences, Inc.), Stock Purchase Agreement (Agile Therapeutics Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of the obligations of the Company under the Transaction Documents. The parties Company and each of the Purchasers agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of its obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 25 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Daw Technologies Inc /Ut), Convertible Preferred Stock Purchase Agreement (Global Technologies LTD), Convertible Preferred Stock Purchase Agreement (Internet Law Library Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 24 contracts
Samples: Convertible Note Purchase Agreement (Cambridge Heart Inc), Securities Purchase Agreement (V I Technologies Inc), Securities Purchase Agreement (Syntax-Brillian Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 23 contracts
Samples: Securities Purchase Agreement (Medefile International, Inc.), Securities Purchase Agreement (Cirque Energy, Inc.), Securities Purchase Agreement (Medefile International, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 23 contracts
Samples: Form of Securities Purchase Agreement (ProSomnus, Inc.), Securities Purchase and Registration Rights Agreement (Cryoport, Inc.), Securities Purchase Agreement (Sun BioPharma, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to seek specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 23 contracts
Samples: Securities Purchase Agreement (Imunon, Inc.), Securities Purchase Agreement (Imunon, Inc.), Securities Purchase Agreement (HeartBeam, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will may be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 21 contracts
Samples: Securities Purchase Agreement (Firstsun Capital Bancorp), Upfront Securities Purchase Agreement (Firstsun Capital Bancorp), Securities Purchase Agreement (Grandsouth Bancorporation)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 20 contracts
Samples: Convertible Preferred Stock Purchase Agreement (POSITIVEID Corp), Securities Purchase Agreement (Advanced Cell Technology, Inc.), Preferred Stock Purchase Agreement (Revonergy Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of the obligations of the Company under the Transaction Documents. The parties Each of the Company and the Purchasers agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of its obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 20 contracts
Samples: Securities Purchase Agreement (Allou Health & Beauty Care Inc), Securities Purchase Agreement (Neotherapeutics Inc), Securities Purchase Agreement (Cybershop International Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert the defense that a remedy at law would be adequate in any Action for specific performance of any such obligation the defense that a remedy at law would be adequateobligation.
Appears in 19 contracts
Samples: Securities Purchase Agreement (cbdMD, Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.), Securities Purchase Agreement (Innovation1 Biotech Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 17 contracts
Samples: Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (E-Home Household Service Holdings LTD), Securities Purchase Agreement (Taoping Inc.)
Remedies. In addition to being entitled to exercise all rights and remedies provided herein or granted by lawLaw, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 17 contracts
Samples: Common Stock Purchase Agreement, Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documentsthis Subscription Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 17 contracts
Samples: Subscription Agreement (NeoStem, Inc.), Subscription Agreement (NeoStem, Inc.), Subscription Agreement (NeoStem, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 16 contracts
Samples: Convertible Note Purchase Agreement, Securities Purchase Agreement (Petro River Oil Corp.), Securities Purchase Agreement (Petro River Oil Corp.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequateadequate and agree that it shall not be necessary to post a bond or other security.
Appears in 15 contracts
Samples: Securities Purchase Agreement (Harvard Apparatus Regenerative Technology, Inc.), Securities Purchase Agreement (Biostage, Inc.), Securities Purchase Agreement (Biostage, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (CohBar, Inc.), Stock Purchase Agreement (CohBar, Inc.), Securities Purchase Agreement (Strongbridge Biopharma PLC)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents described and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (Ortec International Inc), Securities Purchase Agreement (BioMETRX)
Remedies. In addition to being entitled to exercise all rights -------- provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will each be entitled to specific performance of the others obligations under this Agreement. In furtherance thereof, the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any such breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of the obligations of the Company under the Transaction Documents. The parties hereto agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of its obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Convertible Debenture Purchase Agreement (Calypte Biomedical Corp), Convertible Debenture Purchase Agreement (Tidel Technologies Inc), Secured Convertible Debenture Purchase Agreement (Digital Descriptor Systems Inc)
Remedies. (a) In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser (severally and not jointly) and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Chromocell Therapeutics Corp), Securities Purchase Agreement (Chromocell Therapeutics Corp), Securities Purchase Agreement (Chromocell Therapeutics Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under pursuant to the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Subscription Agreement (Anthera Pharmaceuticals Inc), Subscription Agreement (Cti Biopharma Corp), Form of Securities Purchase Agreement (Cell Therapeutics Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Shareholder, Parent and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties Parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Share Exchange Agreement (NowNews Digital Media Technology Co. Ltd.), Share Exchange Agreement (NowNews Digital Media Technology Co. Ltd.), Share Exchange Agreement (KT High-Tech Marketing Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 11 contracts
Samples: Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (Progressive Care Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under this Agreement or the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Shareholders, the Parent and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties Parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 11 contracts
Samples: Share Exchange Agreement (Smsa Ballinger Acquisition Corp), Share Exchange Agreement (China Unitech Group, Inc.), Share Exchange Agreement (BTHC X Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Share Purchase Agreement (Montana Mining Corp), Common Stock Purchase Agreement (Age Reversal, Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (International Western Petroleum, Inc.), Securities Purchase Agreement (PASSUR Aerospace, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Qhy Group), Securities Purchase Agreement (Qhy Group), Credit Agreement (Communication Intelligence Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, damages each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Bitzumi, Inc.), Securities Purchase Agreement (Sibling Group Holdings, Inc.), Securities Purchase Agreement (Shenzhen City Qianhai Xinshi Education Management Co., Ltd.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Members, Parent and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties Parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Exchange Agreement (New You, Inc.), Securities Exchange Agreement (HealthLynked Corp), Unit Exchange Agreement (ComHear, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (ChromaDex Corp.), Subscription Agreement (Xinyuan Real Estate Co., Ltd.), Securities Purchase Agreement (Ocwen Financial Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (NTN Buzztime Inc), Securities Purchase Agreement (Mitek Systems Inc), Securities Purchase Agreement (Lifevantage Corp)
Remedies. In addition to being entitled to exercise all rights -------- provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Sinovac Biotech LTD), Securities Purchase Agreement (Cytogen Corp), Securities Purchase Agreement (Elinear Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Caribou Biosciences, Inc.), Securities Purchase Agreement (Oric Pharmaceuticals, Inc.), Securities Purchase Agreement (Kura Oncology, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Telkonet Inc), Securities Purchase Agreement (Clearant Inc), Neah Power (Neah Power Systems, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Registration Rights Agreement (Attis Industries Inc.), Securities Purchase Agreement (Document Security Systems Inc), Securities Purchase Agreement (Document Security Systems Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Securities Purchase Agreement (PishPosh, Inc.), Securities Purchase Agreement (TWO RIVERS WATER & FARMING Co), Securities Purchase Agreement (TWO RIVERS WATER & FARMING Co)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action Proceeding for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Note Purchase Agreement (Metro One Telecommunications Inc), Note and Securities Purchase Agreement (Metro One Telecommunications Inc), Securities Purchase Agreement (Metro One Telecommunications Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Oncogenex Pharmaceuticals, Inc.), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.), Securities Purchase Agreement (Cti Group Holdings Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Buyer and the Company will be entitled to specific performance under the Transaction DocumentsAgreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Xinhua China LTD), Securities Purchase Agreement (Xinhua China LTD), Securities Purchase Agreement (First Look Studios Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Syros Pharmaceuticals, Inc.), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.), Stock Purchase Agreement (Incyte Corp)
Remedies. In addition to being entitled to exercise -------- all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will each be entitled to specific performance of the others obligations under this Agreement. In furtherance thereof, the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any such breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of each other's obligations under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Convertible Preferred Stock and Common Stock Warrant Purchase Agreement (Syscan Imaging Inc), Convertible Preferred Stock Purchase Agreement (E Digital Corp), Convertible Preferred Stock Purchase Agreement (E Digital Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damagesherein, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Armen Garo H), Securities Purchase Agreement (Antigenics Inc /De/)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Range Impact, Inc.), Securities Purchase Agreement (Malachite Innovations, Inc.), Securities Purchase Agreement (Malachite Innovations, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.), Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.), Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Subscriber and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Exchange and Note Purchase Agreement (Biohitech Global, Inc.), Membership Interest Purchase Agreement (Biohitech Global, Inc.), Subscription Agreement (TeleHealthCare, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Royale Energy Inc), Securities Purchase Agreement (Authentidate Holding Corp), Securities Purchase Agreement (Authentidate Holding Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Buyer and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate).
Appears in 6 contracts
Samples: Securities Purchase Agreement (PureBase Corp), Securities Purchase Agreement (EZRaider Co.), Securities Purchase Agreement (PureBase Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Holders and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Exchange Agreement (authID Inc.), Securities Purchase Agreement (Giga Tronics Inc), Securities Exchange Agreement (Unique Logistics International Inc)
Remedies. (a) In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Revolutionary Concepts Inc), Securities Purchase Agreement (Comstock Mining Inc.), Securities Purchase Agreement (Comstock Mining Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Achillion Pharmaceuticals Inc), Securities Purchase Agreement (Marathon Fund L P V), Securities Purchase Agreement (Answers CORP)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (NuGene International, Inc.), Restricted Stock Issuance Agreement (Pure Bioscience, Inc.), Securities Purchase Agreement (Rimrock Gold Corp.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (American Noble Gas, Inc.), Securities Purchase Agreement (Digital Ally Inc), Securities Purchase Agreement (Jacksam Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Disc Medicine, Inc.), Securities Purchase Agreement (Allovir, Inc.), Securities Purchase Agreement (Ideanomics, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Subscribers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Subscription Agreement (Healthcare Providers Direct Inc.), Subscription Agreement (National Investment Managers Inc.), Subscription Agreement (Healthcare Providers Direct Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Shareholder, Parent and the Company will be entitled to specific performance under this Agreement. Each of the Transaction Documents. The parties hereto agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Share Exchange Agreement (Lin Zhenzhu), Share Exchange Agreement (Heyu Biological Technology Corp), Share Exchange Agreement (Sino Fortune Holding Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Root9B Technologies, Inc.), Securities Purchase Agreement (Root9B Technologies, Inc.), Securities Purchase Agreement (Root9B Technologies Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may would not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Nephros Inc), Securities Purchase Agreement (Determine, Inc.), Common Stock Purchase Agreement (EVINE Live Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (International Stem Cell CORP), Securities Purchase Agreement (International Stem Cell CORP), Securities Purchase Agreement (International Stem Cell CORP)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company Amicus will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Amicus Therapeutics, Inc.), Securities Purchase Agreement (Amicus Therapeutics, Inc.), Securities Purchase Agreement (Amicus Therapeutics, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Holders and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Ustelematics Inc), Registration Rights Agreement (Interactive Systems Worldwide Inc /De), Registration Rights Agreement (Lmic Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (NextCoal International, Inc.), Common Stock and Convertible Debenture (Manitex International, Inc.), Purchase and Exchange Agreement (TRC Companies Inc /De/)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will shall be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (OncoCyte Corp), Securities Purchase Agreement (OncoCyte Corp), Securities Purchase Agreement (Biotime Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties hereto agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Buyer and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Ambient Water Corp), Securities Purchase Agreement (Ambient Water Corp), Securities Purchase Agreement (Ambient Water Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Quepasa Corp), Securities Purchase Agreement (Quepasa Corp), Securities Purchase Agreement (Quepasa Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to specific performance under the Transaction Documents. The parties hereto agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Data443 Risk Mitigation, Inc.), Securities Purchase Agreement (Crown Electrokinetics Corp.), Securities Purchase Agreement (Real Goods Solar, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.. 5.16
Appears in 4 contracts
Samples: Execution Version Securities Purchase Agreement (Kiora Pharmaceuticals Inc), Securities Purchase Agreement (Curis Inc), Securities Purchase Agreement (Fibrocell Science, Inc.)
Remedies. In addition to being entitled to exercise all rights remedies provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Phunware, Inc.), Securities Purchase Agreement (Phunware, Inc.), Securities Purchase Agreement (Phunware, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will may be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Palisade Bio, Inc.), Securities Purchase Agreement (Palisade Bio, Inc.), Securities Purchase Agreement (Palisade Bio, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents, including obtaining injunctions and such other equity remedies as may be available (without having to post a bond or prove actual damages). The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Common Stock Subscription Agreement, Securities Purchase Agreement (Eco-Stim Energy Solutions, Inc.), Common Stock Subscription Agreement (Eco-Stim Energy Solutions, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company Purchaser will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by the Purchaser by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Notes Purchase Agreement, Notes Purchase Agreement (Keryx Biopharmaceuticals Inc), Securities Purchase Agreement
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.. (Signature Pages Follows)
Appears in 4 contracts
Samples: Securities Purchase Agreement Purchase Agreement (Micromed Cardiovascular Inc), Securities Purchase Agreement Purchase Agreement (Micromed Cardiovascular Inc), Securities Purchase Agreement (Cyberkinetics Neurotechnology Systems, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by lawLaw, including recovery of damages, each of the Purchasers and the Company will shall be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Bancorp 34, Inc.), Securities Purchase Agreement (Castle Creek Capital Partners VI, LP), Securities Purchase Agreement (Central Federal Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties hereto agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Pedevco Corp), Securities Purchase Agreement (American Resources Corp), Securities Purchase Agreement (Digital Ally Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under pursuant to the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Subscription Agreement (Samson Oil & Gas LTD), Subscription Agreement (Samson Oil & Gas LTD), Subscription Agreement (Samson Oil & Gas LTD)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in under the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Pet Airways Inc.), Securities Purchase Agreement (Daystar Technologies Inc), Preferred Stock Purchase Agreement (Advaxis, Inc.)
